SB339,1,31An Act to amend 303.08 (1) (intro.); and to create 302.335 (2j) of the statutes; 2relating to: Huber release for probationers confined in a county jail or county 3house of correction for a probation violation.

Analysis by the Legislative Reference Bureau

This bill allows a probationer who is confined in a county jail or other county facility for a probation violation to participate in Huber release, provided that his or her probation is due to a misdemeanor conviction and the probation violation for which he or she is confined is not a crime. Purposes for which a probationer may be temporarily released include employment-related activities and medical care. Under current law, a probationer who violates the conditions of probation may be confined in county jail pending the filing or disposition of probation revocation proceedings and may not leave during that time.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

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302.335 (2j) The department shall allow a probationer detained in a county jail 6or county house of correction under this section to be considered for participation in 1a program under s. 303.08 (1) (a), (b), (bn), or (e) if the person was placed on probation 2for a misdemeanor and the probation violation for which he or she is confined is not 3a crime. The sheriff or superintendent of the house of correction, in conjunction with 4the department, shall determine the probationer's eligibility to participate in such 5programs and may terminate participation at any time.

SB339,26Section
2. 303.08 (1) (intro.) of the statutes is amended to read:

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303.08 (1) (intro.) Any person sentenced to a county jail for crime, nonpayment 8of a fine or forfeiture, or contempt of court or subject to a confinement sanction under 9s. 302.113 (8m) or 302.114 (8m) or a probationer detained in a county jail or other 10county facility for a probation violation who meets the criteria under s. 302.335 (2j)11may be granted the privilege of leaving the jail during necessary and reasonable 12hours for any of the following purposes: